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On February 20, 2018, the Plaintiff filed an application with the Defendant for a construction permit to newly construct seven households (a total of 14 households in complex multi-family housing: 14 households) on the ground of both countries, and on February 23, 2018, on the ground of C (hereinafter “instant multi-family housing site, including two parcels of land”). However, on April 23, 2018, the Plaintiff was subject to a disposition of rejection of an application for a construction permit on the ground that there was no evidentiary document submitted by the Defendant on April 23, 2018.

Accordingly, the Plaintiff, on November 21, 2018, filed an application for deliberation with the Construction Committee for the designation of a road on the grounds of Article 45(1)2 of the Building Act and Article 34(1)2 and (2) of the Ordinance on the Construction of Yangju-si, Yangju-si, in order to secure access roads to the site of the instant multi-family housing after being designated as a road for Yangju-si.

On December 19, 2018, the Defendant issued to the Plaintiff an application for deliberation by the Building Committee (hereinafter “instant disposition”) on the ground that the instant land does not meet the requirements under Article 45(1)2 of the Building Act and Article 34(1)2 of the Ordinance on the Construction at Yang-si (hereinafter “instant disposition”).

[Reasons for Recognition] In light of the facts without dispute, Gap evidence Nos. 12, 17, and 18 (including a provisional number; hereinafter the same shall apply), and the purport of the entire argument of the plaintiff's assertion as to the legitimacy of the disposition of this case, the land of this case meets the requirements of Article 45 (1) 2 of the Building Act and Article 34 (1) 2 of the Building Ordinance at Yangju-si, in view of the following: (a) land category is a road; (b) it is possible for many and unspecified persons to walk or walk; (c) neighboring residents have used the land of this case as a passage route for at least 20 years; and (d) the building permit was granted for the building of this case as access roads to the land of this case in neighboring E and E residential complex.